The firefighter’s shabby treatment and a judge’s findings exemplify the mismanagement of the pension fund and underscore the need for reform.

Why the pension fund tried to fight Joseph Kicklighter’s disability benefits remains unclear. But active police officers and firefighters might now wonder if they will have to battle fund administrators in court to get their pensions.

The caseAt age 49, Kicklighter had his career cut short by a heart attack in November 2005.

He received disability pay and workers’ compensation until July 2006 when he was declared medically unfit to be a firefighter.

He then applied for disability pension benefits, which were approved by the Police and Fire Pension Advisory Committee on Aug. 9, 2006.

But the disability retirement benefits were held up by John Keane, executive director of the pension fund, who sought to place Kicklighter in a light duty position with the fire department.

Keane was told by a fire department official on Aug. 15 that the department had a long-established policy of not putting disabled firefighters in such positions.

After a new fire chief was appointed, Keane sent an email on Oct. 23 concerning whether the department would change its position, but no light duty position was ever offered.

The lawsuitFinally, on Nov. 21, 2006, the Board of Trustees of the Police and Fire Pension Fund approved Kicklighter’s pension — but there was a catch.

Pension benefits are based on the employee’s pay level for the final two years. But after his worker’s compensation and city disability payments ended in July, Kicklighter had received only a union-contracted supplemental payment, which was about one-third of his regular pay.

In calculating his average pay for his final two years, the pension fund included the lower payments during July through November when Keane held up his application. That calculation lowered his disability retirement by about $100 per week or $5,000 per year.

After meetings failed to resolve the issue, Kicklighter sued the city of Jacksonville and the pension fund.

State law requires the city to continue retirement contributions when an employee receives workers’ compensation, but the city didn’t make the contributions in Kicklighter’s case. The city, represented by the Office of General Counsel, settled for $15,000.

During July to November when Kicklighter was receiving only the union-contracted supplemental payments, he should have been allowed to make contributions to keep his benefits whole.

During two days of trial, the pension fund argued that Kicklighter had failed to make the contributions, but the trial judge found that the pension fund had failed to notify Kicklighter of his right to make the payments or to inform him of the amount he would need to pay and what effect that would have on his final pension.

In May 2011, a circuit judge ruled in Kicklighter’s favor, awarding him a full disability pension of about $38,000 a year.

The judge cited missteps by the pension fund and declared it must not reduce the pension as a result of a delay that was caused by the fund’s executive director.

Lawyers ring up feesThe judge later awarded attorney’s fees of $100,000 to Kicklighter’s lawyer, Tad Delegal III, who billed at the rate of $350 per hour. By that time, the pension fund’s lawyer, Robert D. Klausner, who billed at $280 per hour, had fees of $160,000.

The pension fund appealed, however, generating more attorneys’ fees on both sides. Delegal estimates that his fees for the appeal will be $50,000.

Here’s why taxpayers should find this case so disconcerting:

- The firefighter received an increase of about $5,000 yearly in his pension; the attorneys received more than $300,000.

- The decisions to fight the pension were made by an appointed board not responsible to taxpayers.

- So was the decision to pay the board’s lawyer $280 per hour to fight the case. And after losing in circuit court, that board also authorized the appeal.

No elected official could be held accountable for the poor treatment of a disabled firefighter or for running up legal bills in a case of such questionable merit.

A proposal by the City Council to the Legislature would bring more accountability to the Police and Fire Pension Fund Board.

It now has two members appointed by the City Council, one each by the unions for the police and firefighters and a fifth appointed by those four.

The proposed charter change would allow the council to appoint three of the five members and give the council more authority over the budget.

Really....the city iillegally kept dozens of employees out of the pension and then lost the lawsuit. This bill is pocket change compared to what the city will have to pay. Guess Alvin told you not to write about those MILLIONS!! And you want them to have access to the pension fund money. What a joke.

To lpopp1-
Actually, you are incorrect. Mr. Keane draws one pension from the "fund". That's from his 30+ yrs. on the Police and Fire Depts. He then took over as the Director of the PFPF in the late eighties and asked to join the general employees pension fund just like anyone else. After being denied, the fund created a separate retirement for its employees. Yes, after he permanently retires, he will receive two pensions but not until that time. This is no different than anyone else beginning another career and working for a separate retirement(ex. 18 y/o does 20 yrs. in the Navy, retires at 38 y/o and begins another career).

To Redskins, what bothers me most about the guy (Keane) in the pic is that he is in charge of folks who are first responders and he has not one but two pensions himself. Who the H--- is he looking out for??? And that huge salary??? REALLY??? I'd say that whats really "well orchestrated."

Then we end up reading about how the folks in charge screwed this fireman out of his full pension. I think these folks are exactly like those who are charge at FSCJ, The Jacksonville CARD, The Duval County Health Department and do not even get me started with the EXCEPTIONAL STUDENT EDUCATION Department at the Duval County School Board.

I hope everyone is looking at TRANSPARENCY and ACCOUNTABILITY PLEASE!!!

This situation is yet another example of what happens without checks and balances in place to protect the people all of these entities are supposed to be serving. BUNCH OF CROOKS.

Sign me still wondering how the Jacksonville Community has benefited to date from the 9 million dollar grant Goldhagen received for "children's mental health." Respectfully Lauralyn Popp RN., BSN.

If anyone knows details about this case, the individual failed to make his "catchup" payments which were needed prior to his disability pension being approved. At that time, the board had no choice but to approve the "lower" benefit. And please, don't give this b.s. about the Director's or boards mismanagement. This has been a well orchestrated and coordinated attack on the PFPF from multiple people and organizations.